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ISCR Case 21-02842 — CASE

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ISCR Case 21-02842

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date2/9/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Braden M. Murphy
Government Counsel: Nicole A. Smith
Applicant's Counsel: Grover H. Baxley
Case Summary
Applicant, a 45-year-old senior manager at a defense contractor, sought a security clearance after being diagnosed with severe alcohol use disorder following multiple DUI arrests, including two in 2005 and one in March 2020. The Defense Counterintelligence Security Agency issued a Statement of Reasons citing concerns under Guideline G related to alcohol involvement. The applicant admitted to the allegations but emphasized his commitment to recovery and abstinence from alcohol since his last arrest.
The applicant underwent inpatient and outpatient treatment for his alcohol use disorder and actively participated in Alcoholics Anonymous, demonstrating a sustained commitment to sobriety. He provided evidence of a supportive network and a healthier lifestyle, including regular exercise and family engagement. The applicant acknowledged past issues with alcohol but argued that he had taken significant steps to mitigate the associated security concerns.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the security concerns related to his alcohol involvement. The judge noted the applicant's sustained sobriety, positive prognosis, and proactive measures taken to address his past behavior, ultimately granting him eligibility for continued access to classified information.
Guidelines Evaluated
- Guideline GAlcohol Consumption · For Applicant
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Case Headnote

ISCR Case No. 21-02842

grantedFeb 9, 2024· Hon. Braden M. Murphy· hearing

Summary

A 45-year-old senior manager was granted a security clearance despite concerns under Guideline G (Alcohol Consumption). The Statement of Reasons detailed multiple alcohol-related incidents, including DUI arrests in 2005 (with BACs of 0.15% and 0.17%) and March 2020 (with a BAC of 0.238%), as well as a public intoxication arrest in 2015 that was dismissed. Following his third DUI, the applicant was diagnosed with severe alcohol use disorder in March 2020.

Disqualifying conditions under Guideline G were raised, specifically concerning alcohol-related incidents, diagnosis of alcohol use disorder, and a pattern of alcohol consumption that indicates impaired judgment.

However, the applicant successfully mitigated these concerns. He demonstrated a clear pattern of abstinence from alcohol since March 2020, actively participated in Alcoholics Anonymous, and completed both inpatient and outpatient treatment programs. His commitment to sobriety was further supported by credible testimony and strong support from family and peers, leading to the decision to grant his security clearance.

Why the Applicant Prevailed

The applicant demonstrated a clear and established pattern of abstinence from alcohol since March 2020.
He actively participated in Alcoholics Anonymous and completed both inpatient and outpatient treatment programs.
The applicant provided credible testimony and strong support from family and peers, indicating a commitment to maintaining sobriety.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)raisedDiagnosis of Alcohol Use Disorder

Mitigating

AG ¶ 23(a)appliedTime Passed or Infrequent Behavior Unlikely to Recur
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Actions Taken to Overcome It
AG ¶ 23(c)appliedParticipation in Counseling or Treatment Program
AG ¶ 23(d)appliedSuccessful Completion of Treatment Program

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedFeb 18, 2022
Answer filedMar 8, 2022
Hearing heldOct 25, 2023via video-teleconference
Decision dateFeb 9, 2024

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Importance of Ongoing Support Networks in Recovery
Successful Rehabilitation Leading to Favorable Security Clearance Outcomes

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline G (Alcohol Consumption) · descriptive summary of a decided case

Posture: HearingDecided: grantedAUD DIAGNOSEDTREATMENT COMPLETED · FAVORABLE

The judge found in favor of the applicant on all allegations related to alcohol consumption. The applicant was diagnosed with severe alcohol use disorder but has since completed treatment and demonstrated a commitment to sobriety through ongoing participation in Alcoholics Anonymous.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant was arrested for driving under the influence (DUI) with a blood alcohol content (BAC) of 0.238% on March 13, 2020.	For Applicant	DUI or DWI Alcohol	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	—
1.b	Applicant was arrested for public intoxication in 2015, but the charge was dismissed.	For Applicant	Public Intoxication	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	—
1.c	Applicant was arrested for DUI in 2005 with a BAC of 0.15%.	For Applicant	DUI or DWI Alcohol	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	—
1.d	Applicant was arrested for DUI in 2005 with a BAC of 0.17%.	For Applicant	DUI or DWI Alcohol	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	—
1.e	Applicant was diagnosed with severe alcohol use disorder in March 2020 after his third DUI.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	—

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.